Letter to Dobrindt: Council of Europe criticizes Germany for restrictions on Gaza protests

The Council of Europe's Human Rights Commissioner, Michael O'Flaherty, has sharply criticized the actions of German authorities against pro-Palestinian protests in connection with the Gaza war. In a letter to Federal Interior Minister Alexander Dobrindt (CSU), he warns of serious infringements on freedom of expression and assembly.

O'Flaherty wrote that police reportedly used "excessive force" against demonstrators, including minors, some of whom were injured. The use of force must comply with constitutional principles such as proportionality, legality, and non-discrimination. Individual participants were allegedly subjected to excessive online and physical surveillance, as well as arbitrary police checks. O'Flaherty called on the German government to refrain from any measures that discriminate against people based on their political opinions, religion, nationality, or migration status.

The Irishman's criticism specifically referred to demonstrations in Berlin. In some cases, such as a gathering on May 15 of this year, the authorities had restricted protests to stationary gatherings. As far as he knows, the use of the Arabic language and cultural symbols at demonstrations has also been restricted since February 2025.

Various demonstrations in the past have sometimes resulted in violent riots, with both participants and police officers being injured. At a rally on the Palestinian Nakba Remembrance Day in Berlin, for example, riots and violent scuffles broke out between demonstrators and police. Participants threw soda cans and other objects at police and splashed them with red paint. The remembrance day on May 15th commemorates the flight and expulsion of hundreds of thousands of Palestinians in connection with the founding of the State of Israel and the first Middle East war in 1948.

In February, the Berlin police permitted a rally only at a restricted assembly area, rather than as a protest march. Another requirement was that only German and English could be spoken. Berlin's Interior Senator Iris Spranger (SPD) stated in February that hate speech and incitement had occurred at a previous rally, which could not be tolerated.

O'Flaherty also sees restrictions on freedom of expression outside of public spaces, for example at universities, schools, and in the cultural sector. There are also reports of attempts to deport foreign nationals for participating in protests or making political statements about the Middle East conflict.

Restrictions were imposed on the grounds of public order and public peace, O'Flaherty writes in his letter. However, the case law of the European Court of Human Rights establishes that freedom of expression "does not apply only to 'information' and 'ideas' that are received positively, are considered harmless, or leave someone indifferent."

With regard to the handling of anti-Semitism in Germany, O'Flaherty writes: There are indications that German authorities categorize criticism of the Israeli government as anti-Semitic across the board. This should not lead to the suppression of legitimate expressions of opinion.

The Council of Europe is independent of the EU and was founded in 1949 to protect democracy , human rights, and the rule of law in Europe. The European Court of Human Rights (ECHR) is part of the Council of Europe.